DRAFT
Conditions of Approval
for
1041 Hill Street
Rev: July 2, 2024
Prepared by RJA under the direction of Sean Rose, PE (SREI) Public Works Project Specific Conditions of Approval:
1. It appears temporary shoring may be required for excavation and construction of the proposed building, foundation and site improvements. The Applicant shall prepare and submit structural shoring design, plans, and calculations to the Building Department for review and approval prior to issuance of a Grading or Building Permit.
2. The Applicant shall provide the necessary offsite improvements by removing, replacing, constructing the existing curbs, gutter, sidewalk, driveways, asphalt pavement, retaining walls from the terminus point of the existing sidewalk, curb and gutter on the west side of Hill Street around the cul-de-sac to the upper driveway entrance as required by the Engineer prior to building occupancy. The Applicant shall install necessary signage on Hill Street to clearly direct pedestrians on Hill Street to the walkway onsite, the parking garage and building entrances. The Applicant shall be responsible for coordinating with the adjacent developer to match the proposed adjacent frontage improvements for the 800 Laurel Avenue project to ensure the proposed improvements constructed by this project is compatible with the required improvements for the 800 Laurel Avenue Project.
3. The Applicant shall prepare and submit design, details, structural plans and calculations to the Building Department and the Public Works Department for review and approval for the proposed retaining walls within the Hill Street public street right of way prior to issuance of a Building Permit. The Applicant shall also obtain an Encroachment Permit from the Public Works Department prior to starting any work within the public street right of way or easements. In addition, the Applicant shall be responsible for coordinating with the Public Works Department to execute a Permanent Encroachment Agreement for the proposed retaining walls within the Hill Street public street right of way prior to final acceptance of the required improvements on Hill Street. 255
5. The Applicant shall prepare and submit a Grading and Drainage Plan for review and approval prior to issuance of a Grading or Building Permit. the Grading and Drainage Plan shall show detailed finished on-site grading and drainage design, including pad and finished floor elevations, top of curb, pavement elevations, finished grades on hardscape and/or landscape areas, storm water inlets, area drains, sizes of storm drains and connection points. All on-site storm drainage shall be captured onsite. No on-site private drainage shall be allowed to sheet flow directly onto Hill Street right of way.
Public Works Standard Conditions of Approval:
A. The following conditions shall be shown on plans submitted for a building permit and/or site development permit or otherwise met prior to issuance of the first building permit (i.e., foundation permit) and shall be completed and/or installed prior to occupancy and remain in place at all times that the use occupies the premises except as otherwise specified in the conditions.
Public Improvements:
1. Streets, sidewalks and curbs in need of repair within and bordering the project shall be repaired and/or removed and replaced in accordance with the Department of Public Works approved standards. Photographs or video of before condition are recommended.
2. New sidewalk, curb and gutter shall be installed in accordance with the Department of Public Works approved standards.
Grading and Drainage:
1. Roof leaders and site drainage shall be directed to a vegetated area onsite or the City stormwater drainage system. A dissipator box or other energy reduction method shall be used.
2. The owner/applicant shall submit C3 & C6 stormwater pollution prevention checklist, impervious calculation checklist and BMP measures checklist prior to design review approval.
MRP Regulated Project:
1. Project shall comply with all requirements of the Municipal Regional Stormwater NPDES Permit Provision C.3. Please refer to the San Mateo Countywide Water Pollution 256
Prevention Program’s (SMCWPPP) C.3 Stormwater Technical Guidance Manual for assistance in implementing LID measures at the site. [Optional:
http://www.flowstobay.org/bs_new_development.php]
2. Treatment controls shall be designed and sized to treat run‐off from new and/or replaced impervious areas.
Source Control Conditions:
1. Trash storage areas (including recycling or food compactor areas or similar areas), wash areas, loading docks, repair/maintenance bays, and equipment or material storage areas shall be completely covered and bermed to ensure that no stormwater enters the covered area. Covered areas shall be sloped so that spills and washwater flow to area drains connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.
2. Interior level parking garage floor drains, and any other interior floor drains, shall be connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.
3. Efficient irrigation systems shall be used throughout all landscaped areas in accordance with the Model Water Efficient Landscape Ordinance.
4. On‐site storm drain inlets shall be clearly marked with the words “No Dumping! Flows to Bay,” or equivalent using thermoplastic material or a plaque.
5. Boiler drain lines, roof top equipment with drain lines, and/or equipment for washing and/or steam cleaning activities shall be connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.
6. Projects with architectural copper should, if possible, purchase copper materials that have been pre‐patinated at the factory. Whether patination is done offsite or onsite, applicant should consider coating the copper materials with an impervious coating that prevents further corrosion and runoff. If patination is done on‐site, implement one or more of the following:
a. Discharge the rinse water to landscaping. Ensure that the rinse water does not flow to the street or storm drain. Block off storm drain inlet if needed. b. Collect rinse water in a tank and pump to the sanitary sewer. Contact your local sanitary sewer agency before discharging to the sanitary sewer. 257
c. Collect the rinse water in a tank and haul off‐site for proper disposal.
Biotreatment Measures:
1. Biotreatment measures (including bioretention areas, flow‐through planters shall be sized to treat run‐off from 100% of the applicable drainage area (all impervious areas and applicable landscaped areas) using flow or volume based sizing criteria as described in the Provision C.3.d of the MRP or using the simplified sizing method (4% rule of thumb), described in the C.3 Technical Guidance and based on the flow‐based sizing criteria in Provision C.3.d.i.(2)(c).
Operation & Maintenance (O&M) Conditions:
1. Property Owner shall enter into a Maintenance Agreement with the municipality to ensure long‐term maintenance and servicing by the Property Owner of stormwater site design and treatment control measures according to the approved Maintenance Plan(s).
The Maintenance Agreementshall be recorded for the property and/or made part of the CC&Rs.
Dust Control:
1. The owner/applicant must submit a dust control plan for approval by the Department of Public Works. To reduce dust levels, exposed earth surfaces shall be watered as necessary. The application of water must be monitored to prevent runoff into the storm drain system. Spillage resulting from hauling operations along or across any public or private property shall be removed immediately. Dust nuisances originating from the contractor’s operations, either inside or outside of the right-of-way must be controlled.
The measures must also include:
a. Water all active construction sites at least twice daily. b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard.
c. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites. d. Sweep daily (with watersweepers) all paved accessroads, parking areas and staging areas at construction sites.
e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.
f. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). 258
g. Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiled materials.
h. Install sandbags or other erosion-control measures to prevent silt runoff to public roadways.
i. Replant vegetation in disturbed areas as quickly as possible. j. Watering should be used to control dust generation during the break-up of pavement. k. Cover all trucks hauling demolition debris from the site. l. Use dust-proof chutes to load debris into trucks whenever feasible. m. Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind.
n. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be in proper running order prior to operation. o. Diesel powered equipment shall not be left inactive and idling for more than five minutes and shall comply with applicable BAAQMD rules.
p. Use alternative fueled construction equipment, if possible. q. All vehicle speeds on unpaved roads shall be limited to 15 mph. r. Post a visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 24 hours. The Air District phone number shall also be visible to ensure compliance with applicable regulations.
Construction Management Plan:
1. The Applicant shall prepare a construction management plan (CMP) for review and approval by the Public Works Department in consultation with the Community Development Department and Police Department. For properties located at or in close proximity to the City borders, the plan shall be routed to adjacent jurisdictions. The CMP shall include a response to construction-related conditions and requirements identified by reviewing City departments, and outside agencies for inclusion in the Plan. The plan shall include at least the following items:
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a. Schedule
A project construction schedule shall be provided that includes the approximate date and expected time frame for each stage of construction. At minimum, the schedule shall include:
• Excavation & Shoring (as applicable)
• Below Grade & Foundation Construction
• Above Grade Construction & Framing
• Exterior & Interior Finish Work
• Public Frontage Improvements
• Offsite & Utility Improvements
b. Site & Logistics Plan
Site and logistics plan(s) shall be provided for each phase of project construction. Said plan(s) shall include:
• Location of Construction Fencing & Access Control for The Site • Proposed Circulation Pattern, including Access & Egress, for Each Phase of Construction • Location of Dewatering Tanks, Construction Trailer, Temporary Power Pole, & Restrooms
• Erosion & Dust Control Plans
• Security & Lighting Plans
• Location of Construction Staging Areas for Materials, Equipment, & Vehicles • Crane Plane (Location, Height, & Radius), as applicable • Construction Worker Parking
c. Traffic Control Plan
Routes for construction-related traffic (hauling, deliveries, works, etc.) shall be identified in consultation with the Department of Public Works. Grading, hauling, and construction delivery traffic shall be timed to avoid peak hour school and work commute traffic. The CMP shall identify the maximum size of construction equipment /trucks, during construction, expected temporary street closure and the use of flag personnel during construction, and the location of construction worker parking/car-pooling. Comprehensive traffic control measures shall be identified, including: any required detour signage, lane closures, and sidewalk closures. A 24 Hour Written notice must be given to the Public Works and Police Departments prior to lane closures. Trained flag persons shall be positioned at both ends of blocked traffic lanes to ensure safe movement of vehicles, and pedestrians.
The proposed traffic control plan may require review by a traffic engineer, to ensure an adequate intersection/driveway turning radius would be provided for large vehicles, and/or when other large projects are in construction at the same time. 260
d. Noticing
The CMP shall include notice to property owners within 300 feet of the project site two weeks prior to grading, and identification of haul route(s) and staging area for the project. The notice shall also include a process for responding to, and tracking, complaints pertaining to construction activity, including identification of an on-site complaint manager. 24-hour advance written notice shall also be provided to adjacent property owners, adjacent businesses, and Public Works and Police Department personnel prior to all major deliveries, detours, and lane closures.
e. Road Conditions
Documentation of road pavement conditions shall be provided to the Public Works Department for all routes that will be used by construction vehicles, both before and after project construction. Roads found to have been damaged by construction vehicles shall be repaired to the level at which they existed prior to project construction.
B. The following conditions shall be met prior to the issuance of the first building permit (i.e., foundation permit) and/or site development permits except as otherwise specified in the conditions.
Public Works Permits:
1. The property owner/applicant shall apply for and obtain temporary encroachment permits from the Department of Public Works for work in the City public right-of-way, easements or property in which the City holds an interest, including driveway, sidewalk, sewer connections, sewer clean-outs, curb drains, storm drain connections, placement of a debris box.
2. The property owner/applicant shall apply for and obtain a Permanent Encroachment agreement from the Department of Public Works, with approval by the City Council, for a structure, retaining wall, awning, or other features constructed in the public rightof-way, easement or on property in which the City holds an interest.
3. Property owner/applicant shall apply for and obtain a grading permit from the Department of Public Works. The grading permit fee is based on the total amount of earth moved including cut and fill.
Other Agency Permits:
1. Construction activity resulting in a land disturbance of one acre or more, or less than one acre but part of a larger development shall obtain the Construction Activities Storm Water General Permit (General Permit) from the State Water Quality Control Board (http://www.scrcb.ca.gov/stormwtr/construction.html or (916) 341-5537). The State requires a completed Notice of Intent to comply (NOI) package and a Storm Water Pollution Prevention Plan (SWPPP) prepared in accordance with Section A of the General Permit prior to the commencement of soil disturbing activities. The State will issue a Waste Discharge Identification (WDID) number within 10 business days after it 261
receives a complete NOI package (original signed NOI, vicinity map, and check).
Applicant shall also submit copies of the NOI and SWPPP to the City for review and approval. Throughout the project life, the SWPPP shall be revised as necessary to accommodate site changes during to construction.
Grading and Drainage:
2. The owner/applicant shall submit a grading plan prepared by a California-registered Civil Engineer in accordance with City Grading Ordinance, Chapter 9, Section 3 of the City Code, with a grading permit application, for approval by the Department of Public Works and Building Division prior to any grading or clearing being performed on-site. a. The applicant should note that if the proposed grading meets one or more of the criteria outlined in Section 9-23 of the City Code, a Planning Commission review will be required. Caution: If the total grading quantity changes after Planning Commission approval, a new grading approval may be required.
The applicant may choose to complete the grading plan and calculations early in the planning process to limit delays in scheduling this review. (See Section 9-28 of City Code for review process).
a. The plan shall incorporate the following restrictions:
i. All soils stockpiled on the site during construction shall be covered or otherwise protected from wind and water erosion.
ii. During construction, erosion and sedimentation control plans shall be implemented in order to retain sediments on-site.
iii. Site grading and finished construction shall be designed and executed in such a manner as to avoid diverting runoff onto other properties. iv. Restrictions and recommendation of the Geologic and Soils report as approved by the City’s Geologist.
Utilities:
1. Applicant must possess a valid sewer lateral certificate issued under City Ordinance Section 21-213 before receiving a final building permit for:
a. Improvements valued by the building official at $200,000 or more, or b. Work associated with a change in water service (e.g. change in meter size or adding a second meter).
c. Applicant shall install the sanitary sewer connection in accordance with Department of Public Works approved standards and pay the applicable sewer connection fee. d. Sanitary sewer to include a back flow prevention device. 262
e. If PG&E is requiring the developer to put in the gas and/or electrical connection, then the developer must submit plans for the encroachment to the Department of Public Works.
NPDES Stormwater Controls:
1. The applicant shall submit an erosion and sedimentation control plan describing Best Management Practices(BMPs) to be used to prevent soil, dirt, and debris from entering the storm drain system. The plan shall include the following items:
a. A site plan showing the property lines, existing and proposed topography, and slopes; areas to be disturbed, locations of cut/fill and soil storage/disposal area; areas with existing vegetation to be protected; existing and proposed drainage patterns and structures; watercourses or sensitive areas on-site or immediately downstream of project; and designated construction access routes, staging areas and washout areas. b. Erosion and sediment controls to be used during construction, selected as appropriate from the California Regional Water Quality Control Board, San Francisco Bay Region Erosion and P.O. Box 791, Oakland, CA 94604-0791. c. Methods and procedures to stabilize denuded areas and install and maintain temporary erosion and sediment control continuously until permanent erosion controls have been established.
d. Provision for preventing erosion and trapping sediment on-site, such as sediment basins or traps, earthen dikes or berms, fiber rolls, silt fence, check dams, storm drain inlet protection, soil blankets or mats, coversforsoilstock piles and/or other measures. e. Provisions for installing vegetative cover in disturbed areas, including areas to be seeded, planted, and/or mulched, and types of vegetation proposed. f. Provision for diverting on-site runoff around exposed areas and diverting off-site runoff around the project site (e.g., swales and dikes). g. Notes, specifications, and/or attachments describing the construction, operation and maintenance of erosion and sediment control measures, including inspection frequency; methods and schedule for grading, excavation, filling clearing of vegetation and storage and disposal of excavated or cleared material; types of vegetative cover and mulch, including methods and schedules for planting and fertilization; and provisions for temporary and permanent irrigation.
2. All plans shall conform to the requirements of the City NPDES stormwater discharge permit and the San Mateo Stormwater Pollution Prevention Plan (STOPPP). The project plans shall include permanent storm water quality protection measures. The project plans shall identify Best Management Practices (BMPs) appropriate to the uses to be conducted on-site to effectively prohibit the discharge of pollutants with storm water run-off. A Maintenance and Operation Agreementshall be prepared by applicant incorporating the conditions of this section.
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3. The developershall provide to the first residents/occupants/tenants practical information materials (as furnished by the City) on good housekeeping for hazardous products, proper use and disposal of hazardous products, and prohibited discharge practices.
4. All landscaping shall be maintained and shall be designed with efficient irrigation systems to reduce runoff, promote surface filtration, and minimize the use of fertilizers, herbicides and pesticides.
5. The property owner/association shall implement a trash management and litter control program including emptying trash receptacles in common areas, noting trash disposal violations by homeowners or business, and notifying violators.
6. Streets and parking lots must be swept immediately prior to and once during the storm season. Records of street cleaning shall be reported to the Department of Public Works on an annual basis on or before June 30 of each year.
7. Outdoor storage areas for oils, fuels, solvents, coolant, and other chemicals shall be designed to provide secondary containment such as berms and roof covers. Process equipment sited outdoors shall be placed on an impermeable surface and covered.
Property owners/associations shall implement a regular program of sweeping and litter control at these sites.
8. Loading docks shall be covered, surrounded by berms or curbs or otherwise constructed to prevent drainage onto or from the area. Water used for washing and accumulated waste shall be diverted to the sanitary sewer.
9. For stream erosion control, the stormwater discharge must pass through an erosion control structure such as an energy dissipater or other form of outlet protection prior to entering the stream. Bioengineered controls shall be used for stream bank protection as feasible.
10. No wastewater (including equipment cleaning wash water, vehicle wash water, cooling water, air conditioner condensate, and floor cleaning washwater) shall be discharged to the storm drain system, the street or gutter.
MRP Regulated Project:
1. Applicant shall prepare a Stormwater Management Plan (SWMP) that includes, at a minimum, exhibit(s) showing drainage areas and location of Low Impact Development (LID) treatmentmeasures; project watershed;total projectsite area and total area of land disturbed;total new and/orreplaced impervious area;treatmentmeasures and hydraulic sizing calculations; a listing ofsource control and site designmeasuresto be implemented at the site; hydromodification management measures and calculations, if applicable; NRCS soil type;saturated hydraulic conductivity rate(s) at relevantlocations or hydrologic soil type (A, B, C or D) and source of information; elevation of high seasonal groundwater 264
table; a brief summary of how the project is complying with Provision C.3 of the MRP; and detailed Maintenance Plans for each site design, source control and treatment measure requiring maintenance.
2. LID treatment measures to be shown on final improvement or grading plans shall not differ materially from the LID treatment measures presented on the project’s approved entitlement drawings without written approval from the Planning Department.
Site Design Conditions:
1. Self‐treating areas must be designed to store and infiltrate the rainfall that lands on the self‐treating area. Refer to Section 4.2 of the C.3 Technical Guidance.
2. Self‐retaining areas must be designed to store and infiltrate the rainfall run‐off volume described in the MRP Provision C.3.d (80% capture volume), for rainfall that lands on the self‐retaining area and the impervioussurface that drains to the self‐retaining area.
Refer to Section 4.3 of the C.3 Technical Guidance.
Treatment Control Conditions
1. No treatment measures(other than properly sealed and screened cisterns or rain barrels) shall have standing water more than 5 days, for vector control.
Infiltration Measures
1. All infiltration devices shall be located and designed to ensure no damage will occur to surrounding improvementsfrom underground water.
2. Soil media within the bioinfiltration measure shall consist of 18 inches of biotreatmentsoil consistent with the Attachment L of the MRP.
3. Other parameters of final design shall be consistent with the design guidelines presented in the latest version of the C.3 Technical Guidance.
Biotreatment Measures:
1. Plant species used within the biotreatment measure area shall be consistent with Appendix A of the C.3 Technical Guidance.
2. Biotreatmentsoil mix for biotreatment measuresshall have a minimum percolation rate of 5 inches per hour and a maximum percolation rate of 10 inches per hour and shall be in conformance with Attachment L of the MRP, which is included in Appendix K of the C.3 Technical Guidance.
3. Design of biotreatment measuresshall be consistent with technical guidance for the applicable type of biotreatment measure provided in Chapter 6 of the C.3 Technical Guidance.
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Operation & Maintenance (O&M) Conditions:
1. A Maintenance Plan for every stormwater treatment control [and/or HM] measure or applicable site design measure, inclusive of maintenance and inspection checklists and Maintenance Inspection Report Forms, shall be submitted to the City for review and approval prior to issuance of a grading permit. A copy of the final, approved Maintenance Plan(s) shall be made a part of the Maintenance Agreement [and the Conditions, Covenants and Restrictions(CC&Rs)]recorded for the property. A copy of the final, approved Maintenance Plan(s) shall also be on file at the municipality’s Public Services Department.
C. The following conditions shall be met prior to occupancy except as otherwise specified in the conditions.
Public Works Permits:
1. The property owner/applicantshall apply for and obtain an administrative permanent encroachment agreement from the Department of Public Works, for placement of non-standard materials within the public right-of-way.
2. After the City permits are approved but before beginning construction, the owner/applicant shall hold a preconstruction conference with Building and Public Works Department staff and other interested parties. The developer shall arrange for the attendance of the construction manager, contractor, and all subcontractors who are responsible for grading and erosion and sedimentation protection controls.
3. Failure to comply with any permit condition may result in a “Stop Work” order or other penalty.
4. All construction and related activities which require a City permit shall be allowed only during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and 10:00 a.m. to 5:00 p.m., Saturdays. No construction activity or related activities shall be allowed outside of the aforementioned hours or on Sundays and the following holidays: New Year’s Day, President’s Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day and Christmas Day. All gasoline powered construction equipment shall be equipped with an operating muffler or baffling system as originally provided by the manufacturer, and no modification to these systems is permitted.
Other Agency Permits:
1. The project includes construction or installation of stationary equipment that may cause air pollution. The applicant should contact the Bay Area Air Quality Management District (415-771-6000) to determine if an air quality permit is required.
Public Improvements:
1. "As-built" drawings for any public improvement including streets, sewers, etc. shall be submitted to the City in AutoCAD on CD ROM.
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Grading and Drainage:
1. Grading shall be performed in accordance with the City Grading Ordinance, Chapter 9 of the City Code. Soil or other construction materials shall not be stockpiled in the public right-of-way unless an encroachment permit is obtained from the Department of Public Works. Grading shall neither be initiated nor continued between November 15 and April 15. Grading shall be done between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday unless otherwise specifically authorized by the Director of Public Works.
The Stormwater Pollution Prevention Program Best Management Practices (BMPs) for construction shall be implemented to protect water quality.
2. The owner/applicant shall ensure that applicable Best Management Practices (BMPs) from the San Mateo Stormwater Pollution Prevention Program (STOPPP) are followed to prevent discharge of soil or any construction material into the gutter,storm drain system or creek.
NPDES Stormwater Controls:
1. The owner/applicant shall ensure that all construction personnel follow standard BMPs for stormwater quality protection during construction of project. These includes, but are not limited to, the following:
a. Store, handle and dispose of construction materials and wastes properly, so as to prevent their contact with stormwater.
b. Control and prevent the discharge of all potential pollutants, including solid wastes, paints, concrete, petroleum products, chemicals, washwater or sediment, and nonstormwater discharges to storm drains and watercourses. c. Use sediment controls, filtration, or settling to remove sediment from dewatering effluent.
d. Do not clean, fuel, or maintain vehicles on-site, except in a designated area in which runoff is contained and treated.
e. Delineate clearing limits, easements, setbacks, sensitive or critical areas, buffer zones, trees, and drainage courses with field markers or fencing. f. Protect adjacent properties and undisturbed areas from construction impacts using vegetative buffer strips,sediment barriers or filters, dikes, mulching or other measures as appropriate.
g. Perform clearing and earth moving activities only during dry weather (April 15 through November 14).
h. Limit and time applications of pesticides and fertilizersto prevent polluted runoff. i. Limit construction access routes and stabilize designated access points. 267
j. Do not track dirt or other materials off-site; clean off-site paved areas and sidewalks using dry sweeping methods.
1. If construction is not complete by the start of the wet season (November 15 through April 15), prior to November 15 the developer shall implement a winterization program to minimize the potential for erosion and sedimentation. As appropriate to the site and status of construction, disturbed soils through temporary or permanent seeding, mulching, matting, tarping or other winterization requirements shall include inspecting/maintaining/cleaning all soil erosion and sedimentation controls prior to, during, and immediately after each storm event; stabilizing physical means; rocking unpaved vehicle access to limit dispersion of mud onto public right-of- way; covering/tarping stored construction materials, fuels, and other chemicals. Plans to include proposed measures to prevent erosion and polluted runoff from all site conditions. As site conditions warrant, the Department of Public Works may direct the developer to implement additional winterization requirements.
Source Control Conditions:
1. Fire sprinkler test water shall discharge to onsite vegetated areas, or alternatively shall be discharged to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.
2. Air conditioning condensate shall drain to landscaping, or alternatively may be connected to the sanitary sewer system, subject to the local sanitary sewer agency’s authority and standards.
Operation & Maintenance (O&M) Conditions:
1. Property Owner shall be responsible for conducting all servicing and maintenance as described and required by the treatment measure(s) Maintenance Plan(s).
Maintenance of all site design and treatment control measuresshall be the owner’s responsibility.
2. Approved Maintenance Plans shall be kept on‐site and made readily available to maintenance crews. Maintenance plans shall be strictly adhered to.
3. By April 1 each year, Maintenance Inspection and Servicing Reports for the stormwater treatmentsystems shall be submitted to the municipality for the previous calendar year (January 1 through December 31).
4. Site access shall be granted to representatives of the City, the San Mateo County Mosquito and Vector Control District, and the Water Board, at any time, for the sole purpose of performing operation and maintenance inspections of the installed stormwater treatment systems. A statement to that effect shall be made a part of the Maintenance Agreement and/or CC&Rs recorded for the property.
5. Property Owner shall be required to pay for all municipal inspections of installed stormwater treatmentsystems as required by the Regional Water Quality Control Board or the municipality.
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Installation Conditions:
1. Applicantshall coordinate installation of stormwater treatment measures with the municipality and shall arrange to have a municipal Special Inspector or designated third party inspector present at the time of installation. Applicant shall be responsible for all fees associated with special stormwater inspections during construction.
End.
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1041 Hill Street - Memory Care - Staff Report
STAFF REPORT
Meeting Date: September 24, 2024
Agency: City of Belmont
Staff Contact: Rob D. Gill, Senior Planner, (650) 598-4204, [email protected] Agenda Title: 1041 Hill Street – New Memory Care Facility Agenda Action: Ordinance
Recommendation
1) Conduct Public Hearing and consider Planning Commission recommendations. 2) Introduce an Ordinance for a Planned Development Zone Amendment and associated Conceptual Development Plan (CDP).
3) Consider a Resolution approving a Conditional Use Permit and associated Detailed Development Plan, Grading Plan, Design Review and Tree Removal Permit. 4) Consider A Resolution finding the project is exempt from environmental review per Guidelines 15332, (In-Fill Development Projects) of the California Environmental Quality Act (CEQA).
Strategic Focus Area
Economic Development and Housing
Background
At their August 20, 2024, meeting, the Planning Commission held a public hearing where they reviewed the proposed project. At the conclusion of the hearing, the Commission adopted a Resolution (five in favor, and one abstain) recommending the City Council approve the project entitlements.
Prior to the Planning Commission meeting, staff received written comments (e-mails dated 8/20/24 & 9/3/24) that raised concerns about geotechnical review for the project. More specifically, how the project incorporates the State’s Seismic Hazards Mapping Act (SHMA) and maps. The necessary (and responsive) geotechnical information addressing the SHMA was provided by the City’s geotechnical consultant for the project on September 18, 2024.
Based on the City’s geotechnical consultant’s peer review letter, the most recent published hazard maps from California Geological Survey (CGS) currently delineate the site as an earthquake-induced landslide hazard zone of required investigation. The SHMA requires the geologic and soil conditions to be evaluated to assess the hazard at the project site. It was determined that there are no known active landslides mapped at the site. However, it is recommended that an additional condition of approval be levied for the project regarding provision of data/documentation (including fill material specifications) to support geotechnical engineering recommendations and satisfying SHMA criteria; this condition is required to be fulfilled prior to issuance of building permits for the project. A copy of the geotechnical peer review letter is included in Attachment G.
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1041 Hill Street - Memory Care - Staff Report
Discussion
The project proposes to amend the existing Planned Development (PD). The PD zoning district is designed to accommodate various types of development, such as single-family residential developments, multifamily developments, neighborhood and community shopping centers, mixed-use developments, professional and administrative areas, commercial service centers, industrial parks, and other uses or a combination of uses which can be made appropriately a part of a PD. The district is established to allow flexibility of design that may differ from the strict application of the development standards contained within the Belmont Zoning Ordinance, in accordance with the objectives and spirit of the General Plan.
Unlike properties in other zoning districts, properties seeking an amendment to a PD designation are typically governed by a two-step review process: First, general issues of land use, site plans and circulation plans are reviewed by way of a Conceptual Development Plan (CDP). More detailed issues, such as building architecture, landscaping, parking layout, grading/drainage, tree removal, and lighting are evaluated by way of a Detailed Development Plan (DDP). However, this application request includes both a CDP and DDP for concurrent consideration. As part of the DDP, a Conditional Use Permit (CUP), Design Review, Grading Permit, and Tree Removal Permit are also required to be evaluated and approved.
General Plan Conformance
The General Plan designates the project site as Institution, and the requested development does not change that current designation. The General Plan policies analysis in the CEQA Categorical Exemption document (Attachment F) provides the consistency analysis with the proposed PD Zone Amendment.
Performance standards such as maximum density, building height, setbacks, FAR, and landscaped areas are contained in the attached Ordinance.
The PD zoning district allows flexibility of design in accordance with the goals, policies, and objectives of the General Plan. This zoning also allows for flexibility in meeting the strict interpretation of the Zoning Ordinance, provided the project is well designed, includes a favorable balance of open space to developed area, is sensitive to existing terrain, and is compatible with surrounding uses. The proposed project is considered an infill development and will be located within an area that is already fully developed. The memory care facility building would be constructed within the footprint of the former skilled nursing facility that is proposed to be demolished and partially constructed into the hillside. The project would generally match the scale and character of the existing on-site assisted living facility building. The project is well designed, and all proposed support features are integrated well into the overall project design. In summary, the proposed PD Zone Amendment of the subject site (via a Conceptual Development Plan) achieves the goals and objectives of the Zoning Ordinance and General Plan for the City.
Site Conditions
The project site is currently occupied by the Vista Terrace of Belmont senior living community and an unoccupied skilled nursing facility building. The existing Assisted Living facility building was constructed in 1998 and consists of a 3-story building constructed into the hillside with access to 6th Avenue from the lowest level. The existing skilled nursing facility was constructed in approximately 1960 and is located adjacent to the occupied Assisted Living facility. Parking spaces are shared between the two buildings.
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Project Description
The applicant is proposing to demolish the existing skilled nursing facility and construct a new 24,806 SF, three-story, 36-unit Memory Care facility. The proposed building would include two levels of residences over two stories of parking and resident amenity space. The Memory Care facility would be connected to the existing Assisted Living facility by a covered corridor. There are no plans to change the existing Assisted Living facility. Parking would continue to be shared between the two buildings.
Project Data (CDP/DDP Standards)
Criteria Existing PD Standards Proposed PD Standards
Use(s) Assisted Living & Convalescent
Hospital
Assisted Living & Memory Care
Lot Size 58,142 SF. No Change
Square Footage 57,191 SF. (for all buildings) 73, 469 SF. (for all buildings) FAR 0.984 FAR. (for all buildings) 1.26 FAR. (for all buildings) Height 40’ 55’
Landscaping % Approx.18.8% Approx. 19.6%
Walls & Fences As per approved 1998 DDP plans As per approved DDP plans Parking Spaces: 41 34 (12 Compact 22 Standard)
Loading Space 1 space located on 6th Ave. No Change
Bicycle Parking None 9
Setbacks
Front (6th Avenue) 0’ to 3’ 0’ to 3’
Rear (South) 11’ 6’ 15’
Side (East) 5’ 11’ 7’
Corner Street Side
(Hill Street) 19’ 6 24’ 4”
Building Design
The proposed design of the Memory Care facility building will be contemporary in design and would be similar in architecture and style as the onsite Assisted Living facility building. The proposed design of the building includes a complimentary palette of materials, colors, and recessed building walls that break up the various building planes. The proposed building would include design elements (roof gable ends and clad windows with simulated divided light) to break up the building mass.
Floor Plan Summary
The interior floor plan will include 42 Memory Care beds distributed through a mix of 30 single and six companion units. The 36-unit community will be divided into two households, with 21 residents on each level. Resident levels will have individual bathrooms in each unit with large roll-in showers, shared living and dining rooms, and hospitality style serving kitchens. The first floor of the building will provide lobby 272
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space for visitors, salon space for residents, and a therapy suite for a 3rd party health service provider.
Kitchen service will be provided from the existing Assisted Living facility kitchen with access through the elevator and covered walkway.
Site Access & Circulation
Primary access to the site is provided via two site driveways on Hill Street. One driveway serves the lowerlevel parking and the main entrance to both buildings on site with a roundabout and drop-off area. The other driveway serves the upper-level parking and would be a secondary entrance to the Memory Care facility. The primary site entrance on the lower level currently operates as a shared-used vehicle and pedestrian driveway. The existing onsite drive aisle currently does not meet the minimum aisle width for two-way traffic. To accommodate a standard size 24-ft aisle width, the project is converting the lowerlevel standard parking spaces to compact parking spaces and reducing the width of the existing pedestrian pathway along the driveway aisle. The compact parking spaces and modification to the pedestrian pathway will accommodate a wider drive aisle that is consistent with City standards and allow additional space for vehicles to safely back out onto the drive aisle. The proposed site improvements will also provide a raised pedestrian sidewalk to separate vehicle traffic from pedestrians.
Landscaping
As mentioned previously, the project site is currently occupied by the existing senior living community and an unoccupied skilled nursing facility building. The site is currently landscaped throughout the site and along roadway frontages. New landscaping will be planted along the perimeter of the proposed memory care development. Landscape plantings have been selected for compliance with water efficiency and landscape requirements identified by the Mid-Peninsula Water District. The project landscape plans include a complete irrigation system layout with additional details for irrigation components and installation. (See Sheets L.0.0 – L.6.0 for Landscaping & Irrigation Plan details).
Tree Removal
According to the project plans, the project includes removal of a right-of-way tree1 due to direct conflicts with the site plan. A right-of-way tree is considered a protected tree in the Tree Ordinance. The Tree Ordinance indicates that for each protected tree removed, the applicant shall plant a Preferred Species tree, minimum 15-gallon size, or pay an in-lieu planting fee. The landscape plan for this project includes a (24” box size Eastern Redbud tree) Preferred Species trees meeting the Replacement tree requirement.
Thus, staff is recommending that the Tree Removal Permit be granted for the project.
Lighting
Exterior site lighting would be installed at the parking areas and along the perimeter of the proposed building site. A condition of approval has been included requiring a final lighting plan and a photometric 1 Belmont City Code Sec. 25-2. – Definitions:
• Right-of-Way Tree means a tree located in a public street right-of-way. • Protected Tree means a Principal Native Tree, a City Tree, a Replacement Tree, a Right-of-Way Tree, or a Large Diameter Tree.
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study at the time of Building Permit submittal; a final lighting review shall occur after installation of project lighting and before final Building Permit inspection.
Emergency Access & Offsite Improvements
The project applicant has submitted and received approval from San Mateo Consolidated Fire for an Alternative Means and Methods Request (AMMR) Application for aerial apparatus access. Existing site constraints would make it infeasible to provide aerial apparatus access and perimeter building access that would meet California Fire Code requirements. San Mateo Consolidated Fire has granted the applicant’s AMMR, which includes mitigation in the form of two sets of staircases with roof access, a firefighter footpath around the building perimeter with exterior standpipes, and increased sprinkler hydraulic requirements. The project would require extending the paving, constructing retaining walls, and demolishing and reconfiguring the entry drive aisle curbs at the end of Hill Street. These improvements are necessary to allow adequate firetruck turnaround space as specified by the San Mateo Consolidated Fire Department and the guidelines provided in the 2022 California Fire Code.
Parking Analysis
The parking standards in the Belmont Zoning Code for the Memory Care use is regulated under Miscellaneous Uses that provides a parking ratio for the care of the aged or the convalescent2.
Although
the proposed Memory Care use is not an exact fit in this category it is similar in nature. Parking Ordinance Section 8.4.8 (c) includes a parking ratio that requires one (1) parking space for each four beds/residents, one (1) parking for every two (2) staff employees, and one (1) space per doctor. Based on the parking analysis provided on the project plans, a total of 50 spaces would be required between the existing assisted living community and proposed memory care land uses. The project will provide a total of 34 on-site parking spaces between the two land uses, a deficiency of 16 spaces. Planned Development Finding 5 in part states, “…that where an applicant's proposed off-street parking is less than that set forth by the standards of Section 8 of this Ordinance, circumstances are such that it would be a practical difficulty or create a physical hardship on the applicant for him to conform to the standards of Section 8. This finding is evaluated in the attached Resolution (Attachment B).
PD Parking Standards
The existing PD zoning for the site established a parking standard that requires 41 parking spaces between the two existing land uses. The site improvements from the proposed memory care facility will result in the loss of seven parking spaces (from 41 to 34 parking spaces). The loss of parking spaces is due to the reconfiguration of the site to construct the proposed fire control room, generator room, roof access stairs, solid waste, and recycling alcoves, and to provide van accessible parking, and dedicated shuttle bus parking.
Although the project provides fewer parking spaces than the existing PD parking standard and the Parking Ordinance, the loss of parking is not expected to result in any impacts to the community as future Memory Care residents will not be driving due to their medical needs; the project does expand visitor and staff parking on-site. While some tenants of the assisted living community can drive, currently only three of 2 BZO Sec. 8.4.8 (c) uses: Rest Homes, Nursing Homes, Sanitariums, Convalescent Homes or Institutions for the Aged or for Children.
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the 68 tenants have vehicles that are parked on-site, and the remainder of the assisted living tenants rely on an on-site shuttle bus for transportation to appointments, errands, and outings organized by the facility.
The existing shuttle bus will also support the proposed memory care facility tenants. (Traffic Patterns, Traffic and Parking Analysis, February 15, 2024). In addition, nine parking spaces and one loading space in the 6th Avenue right-of-way would also be available to employees and visitors.
Bicycle Parking
No bicycle parking is currently provided on-site. The proposed site improvements include the addition of nine new bicycle parking spaces on the upper level that will serve staff and local visitors.
Traffic
A Traffic and Parking Analysis was prepared by Traffic Patterns, and peer reviewed by the City’s traffic consultant Advanced Mobility Group for the project. A copy of the traffic and parking analysis and peer reviews is included as Attachment J. The analysis includes an evaluation of the potential traffic impacts.
It was determined that the proposed project with its low trip generation3 land uses will result in six (6) less vehicle trips per day. The traffic analysis concluded that the proposed Memory Care facility will not have any significant impacts to the surrounding community (Traffic Patterns, Traffic and Parking Analysis, February 15, 2024).
Solid Waste and Recycling
Solid waste and recycling are separate from the existing Assisted Living facility and the new Memory Care facility. The Assisted Living facility has a trash collection on 6th Avenue, while the Memory Care facility will have a new dumpster area at the Hill Street access point to serve the building independently.
The project will conform to the City’s and Recology San Mateo County requirements for solid waste and recycling. The project applicant has received a will-serve letter from Recology San Mateo County, which has capacity to provide recycling, composting, and garbage services to the project.
Grading Plan
Grading estimates have been provided on Sheet C1.0 of the project plans (Title Sheet). Estimated earthwork quantities for the project include 1,570 cubic yards (CY) of cut and 280 CY of fill (1,290 CY of off haul).
Geotechnical
The applicant submitted a Geotechnical Investigation prepared by Langan Engineering dated January 5, 2023. A copy of the geotechnical investigation is included as Attachment G. The report was peer-reviewed by the City’s Consulting Geologist in a letter dated March 15, 2023. The City Geologist’s recommendations for plan review and construction inspections are included in the conditions of project approval. As mentioned earlier, supplemental geotechnical information addressing Seismic Hazards Mapping Act (SHMA) map criteria were provided by the City Consulting Geologist for the project. A copy of the letters is also included in Attachment G.
3 Trip Generation is a measure of how many vehicle-trips a site generates over a typical weekday during the AM and PM commute periods of the day.
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Permanent Encroachment Permit
As part of the project, retaining walls and other offsite improvements are proposed within the Hill Street right-of-way and require a Permanent Encroachment Permit. The project would include constructing retaining walls and demolishing and reconfiguring the entry drive aisle curbs within the Hill Street rightof-way. The improvements are necessary to allow adequate firetruck turnaround space as specified by the San Mateo Consolidated Fire Department and the guidelines provided in the 2022 California Fire Code.
At their August 20, 2024, meeting, the Planning Commission adopted a resolution recommending City Council approval of the Permanent Encroachment Permit. As conditioned, the applicant must obtain a Permanent Encroachment Permit from the Public Works Department prior to starting any work within the public street right-of-way. In addition, the applicant will be responsible for coordinating with the Public Works Department to execute a Permanent Encroachment Agreement for the proposed retaining walls / improvements within the Hill Street right-of-way prior to final acceptance of the required improvements.
Applicability of CEQA Categorical Exemption
Per Section 21084 of the Public Resources Code, the CEQA Guidelines includes a list of classes of projects which have been determined not to have a significant effect on the environment and are exempt from the provisions of CEQA. CEQA Guidelines Section 15332 In-Fill Development Projects, or Class 32, consists of projects characterized as in-fill development meeting the conditions described below:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.
The project qualifies as Categorically Exempt under the California Environmental Quality Act (CEQA), Section 15332 (“In-Fill Development Projects”) because it is characterized as an in-fill development which is consistent with the applicable General Plan and zoning designation; is on a project site that is less than five acres; contains no value as habitat for endangered, rare, or threatened species; would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can adequately be served by all required utilities and public services.
Based on the information and analysis provided in the Categorical Exemption CEQA documentation in Attachment IV, the proposed project qualifies for an exemption under CEQA Section 15332, In-Fill Development Projects.
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Conclusion and Next Steps
The action before the City Council includes conducting a public hearing and introduction of the 1 st reading
of the Planned Development Amendment and Conceptual Development Plan Ordinance. Staff recommends that the City Council consider the project entitlements and CEQA exemption and, adopt the resolutions approving the entitlements at the time of the 2 nd reading of the Ordinance, currently scheduled
for October 8, 2024, City Council meeting.
Alternatives
1. Direct staff to prepare resolutions based on findings provided by the City Council to deny the entitlement applications.
2. Continue the matter and direct staff to prepare an alternative course of action.
3. Refer back to staff for additional information.
Attachments
A. Ordinance of a Planned Development Zone Amendment and adopting a Conceptual Development Plan (CDP).
B. Resolution approving a Detailed Development Plan, Conditional Use Permit, Design Review, Grading Permit and Tree Removal Permit.
C. Resolution finding the project is exempt from environmental review per Guidelines 15332, (In-Fill Development Projects) of the California Environmental Quality Act (CEQA) - Exhibit B D. Conditions of Project Approval - Exhibit A
E. CEQA Categorical Exemption (Section 15332 In-Fill Development Projects) - Exhibit B F. Planning Commission Staff Report and Resolution (No.2024-0019) – October 19, 2021 Agenda 7.C Public Hearings
G. Geotechnical Investigation/Peer Review and Seismic Hazards Map Act (SHMA) Response Letters H. Technical Reports and Will Serve Letters
I. Technical Reports and Will Serve Letters
J. Project Plans
K. Neighborhood Outreach & Public Comments
L. 300/500 Foot Radius Map
Fiscal Impact
☒ No Fiscal Impact
There is no direct fiscal impact in the consideration of this item.
Fees collected from the project are accounted for in the Development Services Fund.
Source: Purpose: Public Outreach:
Staff Discretionary Action Posting of Agenda
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PA2023-0006
Planned Development, Conceptual Development Plan,
Detailed Development Plan, Design Review, Grading
Permit, Tree Removal Permit, Conditional Use Permit,
and Encroachment Permit for a Memory Care Facility.
1041 Hill Street
ERDMAN
GAHC4 BELMONT CA ALF LLC
APN 045-152-540 & 045-152-570
Planned Development (PD)
Institution (IN)
Categorically Exempt, CEQA Guidelines 15332, (InFill Development Projects) MEETING OF AUGUST 20, 2024
AGENDA ITEM NO. 7C
APPLICATION I.D.:
APPLICATION TYPE:
LOCATION:
APPLICANT:
OWNER:
APN:
ZONING:
GENERAL PLAN DESIGNATION:
CEQA DETERMINATION:
PROJECT SUMMARY
The applicant is requesting a Planned Development Zone Amendment, Conceptual Development Plan, Conditional Use Permit and associated Detailed Development Plan, Grading Plan, Design Review, Tree Removal Permit, and an Encroachment Permit to demolish the existing approximately 8,528 square-foot (SF), two-story, skilled nursing home building and replace it with a 24,806 SF, three-story, 36-unit, memory care building.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the attached resolutions recommending the City Council approve the Planned Development Zone Amendment, Conceptual Development Plan, Detailed Development Plan, Conditional Use Permit, Design Review, Grading Permit, Tree Removal Permit, and Encroachment Permit for the site.1
1 Please note: This recommendation is made in advance of public testimony or Commission discussion of the project. At the public hearing, these two factors, in conjunction with the staff analysis, will be considered by the Commission in rendering a decision on the project.
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PROJECT LOCATION
The project site is located west of the Ralston Avenue & 6th Avenue intersection (See Figure 1). The site is bounded by 6th Avenue to the north and Hill Street to the west. The site is surrounded by single-family residences to the west and commercial/retail to the east. The project site has a steep upslope from Sixth Avenue to the rear of the site.
Figure 1 – Vicinity Map
Image provided by Traffic Patterns, 1041 Hill Street Traffic & Parking Analysis., February 2024.
GENERAL PLAN DESIGNATION
The site has a General Plan Land Use designation of Institution. The Institution land use designation applies to educational, cultural, faith-based and health-related services, and it may include a residential component. No set density/intensity standards are defined for this designation; rather, the Planned Development process defines these development standards on a project-by project basis.
ZONING
The project site is currently zoned as Planned Development (PD) permitted for assisted living and convalescent hospital land uses. Districts within the City of Belmont are established to provide space in suitable locations for the various types of uses to accommodate the needs in the City, and to provide a means of regulating the density and distribution of the population in conformance with the purposes of the comprehensive General Plan.
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August 20, 2024
BACKGROUND
The project site (1041 Hill Street and 900 6th Avenue) is part of a Planned Development. The overall site area was developed in phases over the past four decades, as noted via the approved entitlements below:
• 1960 – Conditional Use Permit for the use and construction of a Sanitarium. • 1973 – Minor Subdivision (1021 & 1041 Hill Street).
• 1973 – A Rezone from Multi Family Residential (R-4) to Planned Development Residential. • 1998 – A Planned Development rezone, Conceptual Development Plan, General Plan and Specific Plan Amendments, and Addendum to the Downtown Specific Plan EIR for an Assisted Living facility and a Convalescent Hospital Facility (formally the Sanitarium building).
• 1999 – Lot Line Adjustment to consolidate two parcel (APN 045-152-540 & 045-152-570).
SITE DESCRIPTION
The project site is currently occupied by the Vista Terrace of Belmont senior living community and an unoccupied skilled nursing facility building. The existing Assisted Living facility building was constructed in 1998 and consists of a 3-story building constructed into the hillside with access to 6th Avenue from the lowest level. There are no plans to change the existing Assisted Living facility. The existing skilled nursing facility was constructed in approximately 1960 and is located adjacent to the occupied Assisted Living facility. Parking spaces are shared between the two buildings.
PROJECT DESCRIPTION
As previously mentioned, the applicant is proposing to demolish the existing skilled nursing facility and construct a new 24,806 SF, three-story, 36-unit Memory Care facility. The proposed building would include two levels of residences over two stories of parking and resident amenity space. The Memory Care facility would be connected to the Assisted Living facility by a covered corridor.
Parking would continue to be shared between the two buildings.
Building Design
The proposed design of the Memory Care facility building will be contemporary in design and would be similar in architecture and style as the onsite Assisted Living facility building. The proposed design of the building includes a complimentary palette of materials, colors, and recessed building walls that break up the various building planes. The proposed building would include two levels of residences over two stories of parking and resident amenity space and includes design elements that would mitigate for project bulk and create visual interest at the pedestrian level (See Figure 3). 280
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Figure 3 – Building Design, Colors & Materials
Floor Plan Summary
The interior floor plan will include 42 Memory Care beds distributed through a mix of 30 single and six companion units. The 36-unit community will be divided into two households, with 21 residents on each level. Resident levels will have individual bathrooms in each unit with large roll-in showers, shared living and dining rooms, and hospitality style serving kitchens. The first floor of the building will provide lobby space for visitors, salon space for residents, and a therapy suite for a 3rd party health service provider. Kitchen service will be provided from the existing Assisted Living facility kitchen with access through the elevator and covered walkway.
Landscaping
The project site is currently occupied by the existing senior living community and an unoccupied skilled nursing facility building. The site is currently landscaped throughout the site and along roadway frontages. New landscaping will be planted along the perimeter of the proposed memory care development. Landscape plantings have been selected for compliance with water efficiency and landscape requirements identified by the Mid-Peninsula Water District. The project landscape plans include a complete irrigation system layout with additional details for irrigation components and installation. (See Sheets L.0.0 – L.6.0 for Landscaping & Irrigation Plan details). 281
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Lighting
Exterior site lighting would be installed at the parking areas and along the perimeter of the proposed building site. A condition of approval has been included requiring a final lighting plan and a photometric study at the time of Building Permit submittal; a final lighting review shall occur after installation of project lighting and before final Building Permit inspection.
Parking Analysis
The parking standards in the Belmont Zoning Code for the Memory Care use is regulated under Miscellaneous Uses that provides a parking ratio for the care of the aged or the convalescent2.
Although the proposed Memory Care use is not an exact fit in this category it is similar in nature.
Parking Ordinance Section 8.4.8 (c) includes a parking ratio that requires one (1) parking space for each four beds/residents, one (1) parking for every two (2) staff employees, and one (1) space per doctor. Based on the parking analysis provided on the project plans, a total of 50 spaces would be required between the existing assisted living community and proposed memory care land uses. The project will provide a total of 34 on-site parking spaces between the two land uses, a deficiency of 16 spaces. Planned Development Finding 5 in part states, “…that where an applicant's proposed offstreet parking is less than that set forth by the standards of Section 8 of this Ordinance, circumstances are such that it would be a practical difficulty or create a physical hardship on the applicant for him to conform to the standards of Section 8. This finding is evaluated in the attached Resolution (Attachment II).
PD Parking Standards
The existing PD zoning for the site established a parking standard that requires 41 parking spaces between the two existing land uses. The site improvements from the proposed memory care facility will result in the loss of seven parking spaces (from 41 to 34 parking spaces). The loss of parking spaces is due to the reconfiguration of the site to construct the proposed fire control room, generator room, roof access stairs, solid waste and recycling alcoves, and to provide van accessible parking, and dedicated shuttle bus parking.
Although the project provides fewer parking spaces than the existing PD parking standard and the Parking Ordinance, the loss of parking is not expected to result in any impacts to the community as future Memory Care residents will not be driving due to their medical needs; the project does expand visitor and staff parking on-site. While some tenants of the assisted living community can drive, currently only three of the 68 tenants have vehicles that are parked on-site, and the remainder of the assisted living tenants rely on an on-site shuttle bus for transportation to appointments, errands, and outings organized by the facility. The existing shuttle bus will also support the proposed memory care facility tenants. (Traffic Patterns, Traffic and Parking Analysis, February 15, 2024). In addition, nine parking spaces and one loading space in the 6th Avenue right-of-way would also be available to employees and visitors.
2 BZO Sec. 8.4.8 (c) uses: Rest Homes, Nursing Homes, Sanitariums, Convalescent Homes or Institutions for the Aged or for Children.
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Bicycle Parking
No bicycle parking is currently provided on-site. The proposed site improvements include the addition of nine new bicycle parking spaces on the upper level that will serve staff and local visitors.
Site Access & Circulation
Primary access to the site is provided via two site driveways on Hill Street (See Figure 2). One driveway serves the lower-level parking and the main entrance to both buildings on site with a roundabout and drop-off area. The other driveway serves the upper-level parking and would be a secondary entrance to the Memory Care facility.
Figure 2 – Driveway Access
Source: Google 2D Image, 2024
The primary site entrance on the lower level currently operates as a shared-used vehicle and pedestrian driveway. The existing onsite drive aisle currently does not meet the minimum aisle width for twoway traffic. To accommodate a standard size 24-ft aisle width, the project is converting the lowerlevel standard parking spaces to compact parking spaces and reducing the width of the existing pedestrian pathway along the driveway aisle. The compact parking spaces and modification to the pedestrian pathway will accommodate a wider drive aisle that is consistent with City standards and allow additional space for vehicles to safely back out onto the drive aisle (See Figure 3 on next page). 283
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Figure 3 – Proposed Lower Level Drive Aisle Site Improvements Graphic provided by Traffic Patterns, 1041 Hill Street Traffic & Parking Analysis., February 2024.
The proposed site improvements will also provide a raised pedestrian sidewalk to separate vehicle traffic from pedestrians.
Emergency Access & Offsite Improvements
The project applicant has submitted and received approval from San Mateo Consolidated Fire for an Alternative Means and Methods Request (AMMR) Application for aerial apparatus access. Existing site constraints would make it infeasible to provide aerial apparatus access and perimeter building access that would meet California Fire Code requirements. San Mateo Consolidated Fire has granted the applicant’s AMMR, which includes mitigation in the form of two sets of staircases with roof access, a firefighter footpath around the building perimeter with exterior standpipes, and increased sprinkler hydraulic requirements.
The project would require extending the paving, constructing retaining walls, and demolishing and reconfiguring the entry drive aisle curbs at the end of Hill Street. These improvements are necessary to allow adequate firetruck turnaround space as specified by the San Mateo Consolidated Fire Department and the guidelines provided in the 2022 California Fire Code. 284
PLANNING COMMISSION STAFF REPORT
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Traffic
A Traffic and Parking Analysis was prepared by Traffic Patterns, and peer reviewed by the City’s traffic consultant Advanced Mobility Group for the project. A copy of the traffic and parking analysis and peer reviews is included as Attachment VI. The analysis includes an evaluation of the potential traffic impacts. It was determined that the proposed project with its low trip generation3 land uses will result in six (6) less vehicle trips per day. The traffic analysis concluded that the proposed Memory Care facility will not have any significant impacts to the surrounding community (Traffic Patterns, Traffic and Parking Analysis, February 15, 2024).
Solid Waste and Recycling
Solid waste and recycling are separate from the existing Assisted Living facility and the new Memory Care facility. The Assisted Living facility has a trash collection on 6th Avenue, while the Memory Care facility will have a new dumpster area at the Hill Street access point to serve the building independently.
The project will conform to the City’s and Recology San Mateo County requirements for solid waste and recycling. The project applicant has received a will-serve letter from Recology San Mateo County, which has capacity to provide recycling, composting, and garbage services to the project.
Grading Plan
Grading estimates have been provided on Sheet C1.0 of the project plans (Title Sheet). Estimated earthwork quantities for the project include 1,570 cubic yards (CY) of cut and 280 CY of fill (1,290 CY of off haul).
As part of the project, retaining walls are proposed within the Hill Street right-of-way. The exact wall location is delineated on Sheet C3.0 of the Grading and Drainage Plan. The project entitlements include an Encroachment Permit for the retaining wall within the public right-of-way. The Encroachment Permit is discussed further in this report.
Geotechnical
The applicant has submitted a Geotechnical Investigation prepared by Langan Engineering and Environmental Services dated January 5, 2023. A copy of the geotechnical investigation is included as Attachment V. The report and letter were peer-reviewed by the City’s Consulting Geologist in a letter dated March 15, 2023. A copy of the letter is also included in Attachment V. The City Geologist’s recommendations for plan review and construction inspections are included in the conditions of project approval.
3 Trip Generation is a measure of how many vehicle-trips a site generates over a typical weekday during the AM and PM commute periods of the day.
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PROJECT ANALYSIS
As discussed previously, the project would amend the existing PD District. The PD zoning district allows flexibility of design in accordance with the goals, policies, and objectives of the General Plan.
In accordance with the City’s submittal requirements, the applicant’s Conceptual Development Plan (CDP) and Detailed Development Plan (DDP) submittal illustrates the location of existing and proposed buildings, including their maximum height, floor area ratio (FAR), preliminary landscaping, circulation, parking areas, and relationships to the surrounding uses.
Planned Unit Development (PD District)
The project proposes to amend the existing PD zoning district of the site. The PD zoning district is designed to accommodate various types of development, such as single-family residential developments, multi-family developments, neighborhood and community shopping centers, mixeduse developments, professional and administrative areas, commercial service centers, industrial parks, and other uses or a combination of uses which can be made appropriately a part of a PD. The district is established to allow flexibility of design that may differ from the strict application of the development standards contained within the Belmont Zoning Ordinance, in accordance with the objectives and spirit of the General Plan.
Zoning Conformance – Conceptual and Detailed Development Plans As noted above, the project includes amending the existing PD zoning district; approval is subject to the review of Section 12 of the Belmont Zoning Ordinance. Unlike properties in other zoning districts, properties seeking an amendment to a PD designation are typically governed by a two-step review process: First, general issues of land use, site plans and circulation plans are reviewed by way of a Conceptual Development Plan (CDP). More detailed issues, such as building architecture, landscaping, parking layout, grading/drainage, tree removal, and lighting are evaluated by way of a Detailed Development Plan (DDP). However, this application request includes both a CDP and DDP for concurrent consideration. As part of the DDP, a Conditional Use Permit (CUP), Design Review, Grading Permit, and Tree Removal Permit are also required to be evaluated and approved.
Space Intentionally Left Blank
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Table 1:
Project Data (CDP/DDP Standards)
Criteria Existing PD Standards Proposed PD Standards
Use(s) Assisted Living & Convalescent
Hospital
Assisted Living & Memory Care
Lot Size 58,142 SF. No Change
Square Footage 57,191 SF. (for all buildings) 73, 469 SF. (for all buildings) FAR 0.984 FAR. (for all buildings) 1.26 FAR. (for all buildings) Height 40’ 55’
Landscaping % Approx.18.8% Approx. 19.6%
Walls & Fences As per approved 1998 DDP plans As per approved DDP plans Parking Spaces: 41 34 (12 Compact 22 Standard)
Loading Space 1 space located on 6th Ave. No Change
Bicycle Parking None 9
Setbacks
Front (6th Avenue) 0’ to 3’ 0’ to 3’
Rear (South) 11’ 6’ 15’
Side (East) 5’ 11’ 7’
Corner Street Side
(Hill Street) 19’ 6 24’ 4”
Design Review
As noted earlier, the project proposes to amend the PD zoning district development standards of the site. The amended PD designation seeks to modify the objective standards (setbacks, building height, FAR and parking ratio) in the zoning code to allow flexibility of the building design. The Planning Commission is required to assess Design Review pursuant to the findings in BZO Section 13.5.2 in Attachment II.
Grading Permit
In accordance with the Belmont City Code (Chapter 9 Grading, Section 9-22), a Grading Permit is required for a project in the following cases:
• The combined volume of material excavated and filled will exceed fifty (50) cubic yards. • The depth of any cut or fill will exceed two (2) feet at its deepest point measured from the natural ground.
• Grading and/or vegetation removal will disturb an area of more than two thousand (2,000) square feet. Trenching, boring, or other excavation as part of a geologic or geotechnical investigation required by the city.
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PLANNING COMMISSION STAFF REPORT
RE: 1041 Hill Street, PA2023-0006
August 20, 2024
Section 9-23 establishes the threshold when review is required by the Planning Commission, if one or more of the following exists with the proposed project:
• The combined volume of material excavated and filled will exceed five hundred (500) cubic yards. • Grading and/or vegetation removal will disturb an area greater than six thousand (6,000) square feet.
• Grading will endanger an existing protected tree, as defined herein, which could otherwise be saved by redesigning the project.
Based upon the thresholds identified above the project is subject to Planning Commission review for a Grading Permit. The findings for the Grading Permit are included in Attachment II. Based on reviews by City departments and the City’s consulting geologist to assess site stability, no immediate safety concerns or hazards have been identified for the subject site or adjacent properties. The project is required to implement the geotechnical investigation’s design and construction recommendations per the project Conditions of Approval. Therefore, as proposed, and conditioned, the project will not endanger the stability of the site or adjacent properties.
Tree Removal
According to the project plans, the project includes removal of a right-of-way tree4 due to direct conflicts with the site plan. A right-of-way tree is considered a protected tree in the Tree Ordinance.
The Tree Ordinance indicates that for each protected tree removed, the applicant shall plant a Preferred Species tree, minimum 15-gallon size, or pay an in-lieu planting fee. The landscape plan for this project includes a (24” box size Eastern Redbud tree) Preferred Species trees meeting the Replacement tree requirement. Thus, staff is recommending that the Tree Removal Permit be granted for the project.
PERMANENT ENCROACHMENT PERMIT
As part of the project, retaining walls and other offsite improvements are proposed within the Hill Street right-of-way and require a Permanent Encroachment Permit. The improvements are necessary to allow adequate firetruck turnaround space as specified by the San Mateo Consolidated Fire Department and the guidelines provided in the 2022 California Fire Code. Section 22-6 of the City Code requires a determination by the Director of Public Works and a recommendation by the Planning Commission, prior to review of Permanent Encroachment Permits by the City Council. The requisite findings for the Permanent Encroachment Permit are provided in the attached Resolution (Attachment II).
4 Belmont City Code Sec. 25-2. – Definitions:
• Right-of-Way Tree means a tree located in a public street right-of-way. • Protected Tree means a Principal Native Tree, a City Tree, a Replacement Tree, a Right-of-Way Tree, or a Large Diameter Tree.
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PLANNING COMMISSION STAFF REPORT
RE: 1041 Hill Street, PA2023-0006
August 20, 2024
ENVIRONMENTAL CLEARANCE (CEQA)
Applicability of CEQA Categorical Exemption
Per Section 21084 of the Public Resources Code, the CEQA Guidelines includes a list of classes of projects which have been determined not to have a significant effect on the environment and are exempt from the provisions of CEQA. CEQA Guidelines Section 15332 In-Fill Development Projects, or Class 32, consists of projects characterized as in-fill development meeting the conditions described below:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.
The project qualifies as Categorically Exempt under the California Environmental Quality Act (CEQA), Section 15332 (“In-Fill Development Projects”) because it is characterized as an in-fill development which is consistent with the applicable General Plan and zoning designation; is on a project site that is less than five acres; contains no value as habitat for endangered, rare, or threatened species; would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can adequately be served by all required utilities and public services.
Based on the information and analysis provided in the Categorical Exemption CEQA documentation in Attachment IV, the proposed project qualifies for an exemption under CEQA Section 15332, InFill Development Projects.
NEIGHBORHOOD OUTREACH
The applicant performed neighborhood outreach as detailed in the Neighborhood Outreach submittal provided for this report (Attachment IX). The applicant reported mailing notices to property owners (within 300 feet of the site) informing them of the project and inviting the neighbors to an on-site meeting. Several residents of the existing Vista Terrace Assisted Living facility, family members, and staff attended the meeting, where the applicant and their team addressed questions. It appears the applicant has achieved the neighborhood outreach strategy tasks required by the City.
FINDINGS FOR APPROVAL
The various requests require the Planning Commission to make certain findings in order to recommend approval or denial of the project. Attachment II includes the required findings for the Planned Development Zone Amendment, Conceptual Development Plan, Detailed Development Plan, Conditional Use, Design Review, Grading Permit, Tree Removal Permit, and Encroachment Permit.
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SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL CLAIMS
1. PARTIES
This Settlement Agreement (“Agreement”) is entered into between GAHC4 BELMONT CA ALF LLC, a Delaware limited liability company (“Developer”) and the City of Belmont (“City”), effective as of October ___, 2024 (“Effective Date”) in settlement of a dispute regarding applicable development impact fees for the Project (“Development Impact Fee Protest”).
Developer and City are, from time to time, individually referred to herein as a “Party” and collectively referred to herein as the “Parties.”
2. RECITALS
2.1. Developer proposes to demolish an existing approximately 8,528 square-foot, two-story, skilled nursing home building and replace it with a 24,806 square foot, three-story, 36- unit memory care building, and install associated infrastructure (the “Project”).
2.2. The City is processing certain approvals required to develop the Project including the Planned Development Zone Amendment, Conceptual Development Plan, and Detailed Development Plan for a Conditional Use Permit, Grading Permit, Design Review, Tree Removal Permit and Encroachment Permit for 1014 HILL STREET APN: APN 045-152- 540 & 045-152-570 (APPL. NO. PA2023-0006) (the “Project Approvals”).
2.3. The Mitigation Fee Act (Government Code section 66000 et seq.) and City’s Impact Fee Ordinance (Belmont City Code (“B.C.C.”) section 17-50 et seq.) authorize City to impose impact fees “upon development projects for the purpose of mitigating the detrimental impacts” of such projects. (B.C.C., § 17-51.) The Project is subject to several impact fees (the “Impact Fees”) to mitigate the Project’s impacts associated with the Project Approvals.
2.4. Among other requirements, the Mitigation Fee Act requires (1) that a fee have a reasonable relationship to the fee’s use and the project at issue, and (2) that a fee have a reasonable relationship between the need for the facility and the type of project that the fee is imposed upon. (Gov. Code, § 66001(a).)
2.5. The City’s development impact fee categories generally are based on whether the proposed use is commercial or residential. The proposed memory care facility, however, is a use that was not specifically examined in the City’s impact fee studies.
2.6. The Parties have agreed that the proposed memory care facility may have impacts different from those of typical residential and commercial projects. Consequently, the Parties have agreed to calculate the Project Impact Fees based on common space area square footage only, rather than the square footage of the entire facility.
2.7. With this Agreement, the Parties now desire to fully resolve all claims related to or arising out of the Development Impact Fee Protest under the terms and conditions set forth herein. 291
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2.8. The Recitals above are true and correct and incorporated into this Agreement by this reference.
NOW, THEREFORE, in consideration of the mutual terms, covenants, conditions, promises and benefits set forth below, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following:
3. IMPACT FEE OBLIGATIONS
The Parties agree that Developer shall pay to City the following Impact Fees:
3.1. A Affordable Housing Fee in the amount of One Hundred Eighty Thousand Five Hundred Two Dollars and Sixty-Five Cents ($180,502.65) (the “Affordable Housing Fee Obligation”) in satisfaction of the Affordable Housing Fee required of the Project;
3.2. A Transportation Impact Fee in the amount of One Hundred Eighty Thousand Five Hundred Nineteen Dollars and Sixty-Six Cents($180,519.66) (the “Transportation Impact Fee Obligation”) in satisfaction of the Transportation Impact Fee required of the Project;
3.3. A Park Impact Fee in the amount of Nine Thousand Eight Hundred Fifty Six Dollars and Eighty Cents ($9,856.80) (the “Park Impact Fee Obligation”) in satisfaction of the Park Impact Fee required of the Project;
(collectively, the “Impact Fee Obligations”). Following payment of the Impact Fee Obligations, City shall deem Developer has satisfied the City’s requirements for payment of Impact Fees and the applicable Project Approval conditions of approval.
4. TIMING OF PAYMENT
The Developer agrees to pay the Impact Fee Obligations in accordance with B.C.C. Section 17-61, which requires that Impact Fees be paid in full before the issuance of a building permit.
5. APPLICABILITY OF NEW IMPACT FEES
City shall not impose any condition requiring payment of new Impact Fees upon any future Project improvements proposed by Developer that: (1) do not result in a change in use of the Project or any portion of the Project; or (2) do not result in a net increase in the square footage of any existing or proposed building within the Project. Any change in use, or any increase in square footage of an existing or proposed building, or construction of any new buildings shall be subject to the Impact Fees in effect at the time of application for such change in use or increase in existing square footage or new buildings .
6. PAYMENT AND MUTUAL RELEASE OF ALL CLAIMS
For and in consideration of the payment of the Impact Fees as required under this Agreement, Developer unconditionally waives any rights to seek administrative or judicial relief and agrees not to file a notice of protest or file a lawsuit regarding, or relating to, the City’s Impact Fees or the Impact Fee Obligations of the Project based on any grounds whatsoever, including but not limited to state or federal law or the state or federal constitution, and releases, acquits, and 292
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forever discharges City, and all of its past, present and future officers, directors, and employees from any and all claims, demands, rights, causes of action and damages of any nature whatsoever, whether based in tort, contract, indemnity, or violation of any statute, and whether for actual, compensatory, or punitive damages, or attorney's fees or costs, arising out or in any way connected with, the same operative facts which form the basis of this Settlement Agreement.
7. WAIVER OF KNOWN AND UNKNOWN CLAIMS
City and Developer, each having been fully advised by its attorneys, shall assume the risk of any and all unknown claims which exist at the time of execution of this Agreement, and this Agreement shall apply to any and all such unknown claims, as well as those known and suspected, and with full knowledge of all facts relevant to any allegations, actions, claims, grievances, charges, complaints and/or causes of action by the Parties related to or arising out of the City’s imposition of Impact Fees. The Parties hereby voluntarily waive their rights under California Civil Code section 1542, which provides as follows:
“A general Release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
8. EXTINGUISHMENT OF ALL OBLIGATIONS
This Agreement is a full accord, satisfaction and discharge of doubtful and disputed claims by the Parties, and this Agreement has been executed with the express intention of effectuating the legal consequences provided in California Civil Code, Section 1541, namely, the extinguishment of all obligations as described herein.
9. ACKNOWLEDGMENT OF NON-ADMISSION OF LIABILITY
By executing this Agreement, the Parties acknowledge and agree that neither City nor Developer is not in any way whatsoever admitting liability or wrongdoing of any sort, and further acknowledges and agrees that the Parties continue to firmly deny any and all allegations of liability or wrongdoing of any sort.
10. AUTHORITY TO ENTER INTO AGREEMENT
City and Developer each represents and warrants that it has not assigned any claim, or authorized any other person or legal entity to assert any such claim on its behalf, and that it is authorized to enter into this Agreement.
11. BINDING EFFECT OF AGREEMENT
It is understood and agreed that this Agreement, as to the acts and other things done or to be done by the Parties, shall run in favor of and be binding upon the heirs, predecessors, successors, executors, administrators, subrogees and assigns of each and every Party hereto.
12. CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and governed by the laws of the State of California.
The language of all parts of this Agreement shall be construed as a whole, according to its fair meaning, and not strictly for or against any party hereto. 293
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13. UNDERSTANDING OF AGREEMENT
Each Party represents and agrees that it has reviewed all aspects of this Agreement, has had an opportunity to consult with an attorney if they chose to do so, has carefully read and fully understands all of the provisions of this Agreement, and voluntarily enters into this Agreement.
14. RELIANCE
City and Developer each represent and acknowledge that, in executing this Agreement, they do not rely and have not relied upon any representation or statement made by any of the Parties hereto, or by any of the Parties' agents or representatives with regard to the subject matter, basis or effect of this Agreement or otherwise, other than those specifically stated in this written Agreement.
15. INTEGRATION CLAUSE
This Agreement represents and contains the entire agreement and understanding among the Parties hereto with respect to the subject matter of this Agreement, and supersedes any and all prior oral and written agreements and understandings, and no representation, warranty, condition, understanding or agreement of any kind with respect to the subject matter hereof shall be relied upon by the parties unless incorporated herein. This Agreement may not be amended or modified except by an agreement in writing signed by the Party against whom the enforcement of any modification or amendment is sought.
16. FEES AND EXPENSES
In the event that any litigation or other proceeding is brought to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and litigation expenses.
17. SUCCESSORS AND ASSIGNS; THIRD-PARTY BENEFICIARIES
No Party shall assign this Agreement, or any rights, duties or obligations hereunder, without the express prior written consent of the Parties, which consent may be granted or denied in each of such other Party's sole and absolute discretion. Nothing in this Agreement, whether express or implied, is intended (a) to confer any rights, benefits or remedies under or by reason of this Agreement on any person or entity other than the Parties and their respective successors and permitted assigns, or (b) to give any third person or entity any right of subrogation or action against any Party.
18. CONSTRUCTION OF AGREEMENT; INTERPRETATION
Each Party has cooperated in drafting and preparation of this Agreement, and accordingly the rule of construction that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. The descriptive headings used in this Agreement are for convenience only and shall not affect the meaning of any provision of this Agreement.
When required by the context, whenever the singular number is used in this Agreement, the same shall include the plural, and the plural shall include the singular; the masculine gender shall include the feminine and neuter genders and vice versa.
19. SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be 294
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prohibited by, or be invalid under, applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, which shall remain binding and enforceable.
20. NO WAIVER
No provision of this Agreement may be waived unless the waiver is in writing and signed by the Party or Parties whose rights would thereby be waived and/or affected. Waiver of any one provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement nor shall such waiver be deemed a continuing waiver of any such provision. This Agreement may be modified or amended only by written agreement executed by all of the Parties.
21. COUNTERPARTS
This Agreement may be executed in counterparts, each of which may be deemed an original and all of which together shall constitute a single instrument.
IN WITNESS WHEREOF, the Parties do hereby agree to the full performance of the terms set forth in this Agreement.
Dated: __________________________
GAHC4 BELMONT CA ALF LLC,
a Delaware limited liability company
_____________________________
Name: Ray Oborn
Its: Authorized Signatory
Dated: __________________________
CITY OF BELMONT
_____________________________
Name:
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